INNOCENT EZEUKWU IBETO V. PETER NWANOSIKE & ORS

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court of Justice contained in the judgment of Honourable Justice D. E. Njikibeako delivered on 13th day of February, 1997.

The Appellant had approached the High Court of Imo State Oguta Judicial Division on the 18th day of April, 1985 for the issuance of writ of summons against the Respondents wherein he sought for the following reliefs:

"1. DECLARATION that plaintiff is entitled to customary right of occupancy to land.

2. N500.00 damages for trespass."

By his statement of claim dated 19th day of July, 1985 and filed on 14th day August, 1985 the Appellant claimed in paragraph 18 thereof as follows:

"18. By reason of the matters aforesaid the Plaintiff has suffered loss and damage and therefore claims against the Defendants jointly and severally as follows:

i. Declaration that the Plaintiff is entitled to the grant of Customary Right of Occupancy of the said land known …